Assessee raised share application money and short-term unsecured loan from a company. Assessing Officer added the amount as cash credits. Commissioner (Appeals) deleted the addition. On appeal by Revenue the Tribunal confirmed order of Commissioner (Appeals) stating that revenue could not controvert factual findings recorded by Commissioner (Appeals). On appeal the Court held that there was nothing on record to indicate that any concession was permitted by revenue to be made before Tribunal. Since revenue had been contesting matter and Tribunal being last fact finding authority, in fitness of things, should record reasons to support its conclusion and such course having not been adopted by Tribunal, order passed by Tribunal was set aside and matter was remanded. (AY. 2012-13)
PCIT v. LDS City Projects (P.) Ltd. (2022) 289 Taxman 484 (Cal.)(HC)
S. 254(1) : Appellate Tribunal-Duties-Cash credits-Share application money-Short term unsecured loan-Failure to record reasons-Matter was remanded to Tribunal. [S. 68]